Legal Opinion

Hastings v. . Earp

Supreme Court of North Carolina

Decided June 5, 1866PublishedCited by 6 opinions

Original Bill, filed to Fall Terra, 1864, of the Court of Equity for Johnston county, in order to obtain instructions upon a will. At the same term the cause was set for hearing, and transferred to this court. The opinion contains a sufficient reference to the facts.

1Opinion of the CourtBattle, J.

The will of the testator consists of only five short dispositive clauses, yet the plaintiff's counsel suggests several difficulties which have arisen as to the proper construction of it, upon which he asks our advice and direction :

1. In the first clause of the will the testator gives his wife twenty dollars in money and several personal chattels, absolutely, and three negro slaves, to wit, Tom, Frank and Dilly, for life, making no other disposition of these specifically. In the fifth clause he says: “It is my desire that the balance of my property be sold, and the money arising therefrom be…

2Cited by6 opinions

  1. Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
  2. Burton v. . CahillSupreme Court of North Carolina · 1926
  3. Wooten v. . OutlandSupreme Court of North Carolina · 1946
  4. Ex Parte BrogdenSupreme Court of North Carolina · 1920
  5. Torre v. ChesnutSupreme Court of South Carolina · 1931

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